2013-01-28_GENERAL DOCUMENTS - C1996083

• Permit No: C1996083
• IBM Index Class Name: General Documents
• Doc Date: 1/28/2013
• Doc Name: MOU Between BLM, USFS and DRMS
• From: BLM
• To: DRMS
• Permit Index Doc Type: Other Permits
• Email Name: SLB
• Email Name: SB1
• Media Type: D
• Archive: No

I. Introduction
Memorandum of Understanding
Between
United States Department of Interior, Bureau of Land Management
Uncompahgre Field Office and
United States Department of Agriculture, Forest Service Grand Mesa
Uncompahgre and Gunnison Forests
and the
State of Colorado, Division of Reclamation, Mining, and Safety
as a Cooperating Agency
This Memorandum of Understanding (MOU) establishes a cooperating agency relationship
between the USDI- Bureau of Land Management Uncompahgre Field Office
(BLM); USDA - Forest Service's Grand Mesa, Uncompahgre, and Gunnison Forests
(Forest Service) and the State of Colorado, Division of Reclamation, Mining, and Safety
(DRMS), for the purpose of preparing the Environmental Assessment (EA) to analyze the
Federal Coal Lease- b y - A pp 1 i c at ion COC -75916 as applied for by Bowie Resources, LLC
for the Bowie # 2 Mine, Delta County, CO. This is a competitive lease. Since the
land surface of the proposed federal coal lease is mixed federal and private ownership, the
BLM and F or e s t Service are the co-lead federal agencies for development of the
EA. The BLM and Forest Service acknowledge that the Cooperator has jurisdiction by
law and special expertise applicable to the EA, as defined at 40 CFR 1508.15 and 1508.26.
This MOU describes responsibilities and procedures agreed to by DRMS as a Cooperating
Agency and the BLM and Forest Service ( "the Parties ").
The cooperating agency relationship established through this MOU shall be governed by all
applicable statutes, regulations, and policies, including the Council on Environmental
Quality's National Environmental Policy Act (NEPA) regulations (in particular, 40 CFR
1501.6 and 1508.5).
I1. Purpose
The purposes of this MOU are:
A. To designate DRMS as Cooperating Agency in the EA process.
B. To provide a framework for cooperation and coordination between the BLM,
Forest Service and the Cooperator that will ensure successful completion of the
EA in a timely, efficient, and thorough manner.
C. To recognize that the BLM is the co -lead agency with responsibility for the
completion of the EA.
D. To describe the respective responsibilities, jurisdictional authority, and expertise of
each of the Parties in the planning process.
III. Authorities for the MOU
A. The authorities for the Parties to enter into and engage in the activities described within
this MOU include, but are not limited to:
1. National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
2. National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.)
3. Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
4. Mineral Leasing Act of 1920, as amended by the Federal Coal Leasing